Dixie-Ohio Express, Inc. v. Brackett

Carlisle, Presiding Judge.

(After stating the foregoing facts). The first special ground of the motion for new trial complains of the following charge on accident: “I charge you gentlemen, that an accident in the legal sense means the lack of negligence on the part of the driver of either vehicle. If you find from the evidence in this case that there was negligence, or carelessness on the part of either or both operators of the vehicles involved, then you would disregard any charge on the questions of accident as to such driver that I have given you in this case.” It is contended that this…